Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:02/19/2009
ATTENDANCE
Time:01:44 PM to 07:15 PM
Apuan
X
Court
X
Place:HCR 0107
Gardner B.
X
King
*
This Meeting was called to order by
Miklosi
X
Representative Levy
Pace
X
Roberts
*
This Report was prepared by
Ryden
X
Jessika Shipley
Waller
X
McCann
X
Levy
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB09-1227
HB09-1180
HB09-1087
HB09-1193
HB09-1262
HB09-1263
HB09-1266
HB09-1235
Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Postponed Indefinitely
Witness Testimony and/or Committee Discussion Only
Referred to the Committee of the Whole
Referred to the Committee of the Whole
Amended, Referred to Finance
Witness Testimony and/or Committee Discussion Only


01:45 PM -- House Bill 09-1227

Representative Frangas returned to discuss House Bill 09-1227 concerning the protection of neighborhoods from negative impacts associated with rental properties. He distributed prepared amendment L.006 (Attachment A).

09HouseJud0219AttachA.pdf















BILL:HB09-1227
TIME: 01:48:10 PM
MOVED:McCann
MOTION:Adopt prepared amendment L.006 (Attachment A). The motion passed without objection.
SECONDED:Ryden
VOTE
Apuan
Court
Gardner B.
King
Excused
Miklosi
Pace
Roberts
Excused
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB09-1227
TIME: 01:48:36 PM
MOVED:Ryden
MOTION:Refer House Bill 09-1227, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 8-2, with 1 excused.
SECONDED:Court
VOTE
Apuan
Yes
Court
Yes
Gardner B.
No
King
No
Miklosi
Yes
Pace
Yes
Roberts
Excused
Ryden
Yes
Waller
Yes
McCann
Yes
Levy
Yes
Not Final YES: 8 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS








01:50 PM -- House Bill 09-1180

Representative King returned to discuss House Bill 09-1180 concerning allowing valid Colorado concealed handgun permits to satisfy background check requirements for transfers of firearms. The bill was previously discussed on February 16, 2009, and Representative Levy announced at that time that only individuals who previously signed up to testify would be permitted to do so.

01:51 PM --
Joe Pelle, County Sheriffs of Colorado, spoke in opposition to the bill. Sheriff Pelle pointed out that it is difficult to verify a concealed carry permit. There is no central collection of records or a database. Permit information is not public record. The statute, as written, prohibits sheriffs from sharing information about permits with anyone other than law enforcement officials for criminal justice purposes. He stated his opinion that the permit cards can be easily forged. The committee discussed the revoked permits in Boulder County in 2008. Sheriff Pelle indicated that most revoked permits are recovered, but not all. He talked about the process of revoking a permit.

02:05 PM --
Mark Beckner, Colorado Association of Chiefs of Police, spoke in opposition to the bill. Chief Beckner indicated that background checks are a way to protect the public and the lack of a central database is problematic for law enforcement officials. He discussed his experience with forged instruments, including driver's licenses. He stated that a concealed carry permit could easily be forged. He believes there are negative foreseeable consequences to this bill.

02:09 PM --
Dudley Brown, Rocky Mountain Gun Owners, spoke in support of the bill. Mr. Brown has never heard of a forged concealed carry permit in Colorado or any other state. He indicated that anyone who holds a concealed carry permit already owns a gun. He discussed the level of training required to obtain a permit. No training is required to make a firearm purchase. He stated that most concealed carry permit holders are law-abiding citizens and are willing to go through a background check and training in order to obtain their permits. The committee discussed the transfer of firearms at length, including requirements for being a licensed firearm dealer.

02:21 PM --
Richard Sweetman, Office of Legislative Legal Services, appeared to respond to questions about a legal opinion Representative Levy requested. Mr. Sweetman discussed how the bill might conflict with federal law and how the bill attempts address a gap identified by the Federal Bureau of Alcohol, Tobacco, and Firearms (ATF) regarding Colorado concealed carry permits. The ATF does not currently recognize Colorado concealed carry permits as conforming with federal firearms laws.





















BILL:HB09-1180
TIME: 02:34:25 PM
MOVED:King
MOTION:Adopt prepared amendment L.002 (Attachment B). The amendment strikes sections 1 and 5 of the bill. The committee discussed the possibility of amending the bill in a different way that would make its implementation contingent upon the ATF recognizing Colorado concealed carry permits. The motion passed on a vote of 10-1.

09HouseJud0219AttachB.pdf
SECONDED:Levy
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
Yes
Roberts
Yes
Ryden
Yes
Waller
No
McCann
Yes
Levy
Yes
Not Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:35 PM

Representative King wrapped up his presentation of the bill. He stated that criminals do not care about laws that are passed. Law-abiding citizens do care. He believes that concealed carry permit holders are not the bad guys. They are responsible citizens who take the time to get training about firearms. The committee made comments about their positions on the bill.

















BILL:HB09-1180
TIME: 02:43:13 PM
MOVED:King
MOTION:Refer House Bill 09-1180, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:Gardner B.
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
Yes
Roberts
Yes
Ryden
Yes
Waller
Yes
McCann
Yes
Levy
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:44 PM -- House Bill 09-1087

Representative Green returned to discuss House Bill 09-1087 concerning accrual of a civil cause of action arising from commission of a sexual offense against a child. She distributed a strike below amendment L.004 (Attachment C) and an amendment to the amendment, L.005 (Attachment D). She stated that this gives a victim an opportunity to proceed with the merits of their case. She believes that pedophiles continue to assault children until they are unmasked. She sees this bill as a way to protect the public.

09HouseJud0219AttachC.pdf 09HouseJud0219AttachD.pdf


















BILL:HB09-1087
TIME: 03:11:05 PM
MOVED:Ryden
MOTION:Adopt prepared amendment L.004 (Attachment C). The amendment strikes everything below the enacting clause. The motion passed on a vote of 6-3, with 2 excused.
SECONDED:Miklosi
VOTE
Apuan
Yes
Court
Yes
Gardner B.
No
King
No
Miklosi
Yes
Pace
Excused
Roberts
Excused
Ryden
Yes
Waller
No
McCann
Yes
Levy
Yes
Not Final YES: 6 NO: 3 EXC: 2 ABS: 0 FINAL ACTION: PASS
BILL:HB09-1087
TIME: 03:09:03 PM
MOVED:Ryden
MOTION:Adopt prepared amendment L.005 (Attachment D). Julie Pelegrin, Office of Legislative Legal Services, appeared to answer questions about vicarious liability. The amendment makes technical changes to L.004. The motion passed without objection.
SECONDED:Miklosi
VOTE
Apuan
Court
Gardner B.
King
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL:HB09-1087
TIME: 03:11:15 PM
MOVED:Ryden
MOTION:Refer House Bill 09-1087, as amended, to the Committee of the Whole with a favorable recommendation. The motion failed on a vote of 2-7, with 2 excused.
SECONDED:Miklosi
VOTE
Apuan
No
Court
No
Gardner B.
No
King
No
Miklosi
Yes
Pace
Excused
Roberts
Excused
Ryden
Yes
Waller
No
McCann
No
Levy
No
Not Final YES: 2 NO: 7 EXC: 2 ABS: 0 FINAL ACTION: FAIL
BILL:HB09-1087
TIME: 03:12:53 PM
MOVED:Gardner B.
MOTION:Postpone House Bill 09-1087 indefinitely. The motion failed on a vote 4-5, with 2 excused.
SECONDED:Waller
VOTE
Apuan
No
Court
No
Gardner B.
Yes
King
Yes
Miklosi
No
Pace
Excused
Roberts
Excused
Ryden
No
Waller
Yes
McCann
No
Levy
Yes
Not Final YES: 4 NO: 5 EXC: 2 ABS: 0 FINAL ACTION: FAIL







BILL:HB09-1087
TIME: 03:13:50 PM
MOVED:Levy
MOTION:Lay over House Bill 09-1087 until May 9, 2009. The motion passed on a vote of 8-1, with 2 excused.
SECONDED:Gardner B.
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
Excused
Roberts
Excused
Ryden
No
Waller
Yes
McCann
Yes
Levy
Yes
Final YES: 8 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS


03:14 PM -- House Bill 09-1193

Representative McFadyen, prime sponsor, presented House Bill 09-1193 concerning a prohibition against the shifting of financial responsibility for negligence in motor carrier transportation agreements. The bill prevents a party to a motor carrier transportation agreement from transferring financial responsibility for its own negligence to another party. A provision in a motor carrier transportation agreement that holds a person or the person's surety or insurer responsible for the negligence of another party is void as against public policy and unenforceable. Further, the bill states that a motor carrier transportation agreement can hold a negligent party responsible for indemnifying other parties, but only to the extent of the indemnifying party's negligence. The bill also excludes agreements relating to intermodal transportation equipment or injuries or death suffered by a railroad employee.

The bill clarifies that the following are not affected:

03:24 PM --
Constance Volz, Democratic Business Coalition, spoke in opposition to the bill. Ms. Volz expressed opposition for the following reasons. First, it is not the place of the government to be involved in private contracts. Also, the bill will eliminate the ability of parties to negotiate the terms of a contract. Finally, government intervention limits the rights of property owners. Ms. Volz stated that the free market society allows property owners and vendors to negotiate according to their own needs. She responded to questions from the committee about whether the bill makes it difficult for a particular industry to get by.






03:31 PM --
Stan Dempsey and Jason Dunn, Colorado Petroleum Association, spoke in opposition to the bill. Mr. Dempsey discussed attempts in Wyoming to pass similar legislation. Mr. Dunn indicated that the bill is a difficult issue to understand, but it asks the legislature to step in the middle of a private contract and shift the cost of insurance from one party to another. He stated that the bill gives one private business an advantage over another. He spoke generally and at length about indemnification. Mr. Dunn talked about when a court will void a contract as a matter of public policy and about contract negotiations, responding to questions from the committee.

03:59 PM --
Lauren Furman, Colorado Association of Commerce and Industry, spoke in opposition to the bill. Ms. Furman discussed the companies affected by the bill and blanket indemnification clauses.

04:03 PM --
Virginia Morrison Love, Colorado Competitiveness Council, spoke in opposition to the bill. Ms. Love stated that the bill interferes with private entities' ability to contract freely. She is concerned that every situation is different and it is extremely difficult to write a statute that covers every variable.

04:08 PM --
Merle and Justin Manweiler, Manweiler Transports, spoke in support of the bill. Manweiler Transport is a family-owned business that operates in Colorado. Mr. Manweiler shared terminology in various access agreements to which his company is a party. He believes he has no negotiating power as a result of such agreements. He stated that he cannot get insurance coverage if he signs this type of agreement and the deadline to sign some of his access agreements is quickly approaching. The committee discussed the procurement of insurance with motor carrier agreements. The committee discussed the assumption of risk in business agreements.

04:26 PM --
Greg Fulton, Colorado Motor Carriers Association, spoke in support of the bill. Mr. Fulton stated that some of the largest companies in the world are trying to transfer some of their liability onto some of the smallest companies. Mr. Fulton talked about other states that have changed or in the process of changing to the policy proposed by the bill. He stated that the bill allows both parties to come to the table with equal power and authority. These small companies' entire business depends on access to certain sites and if they cannot gain access, their business will fail.

04:39 PM --
Dan Coleman, D.G. Coleman, Inc., spoke in support of the bill. Mr. Coleman runs a reasonably small Colorado business. He discussed difficulties he faces in obtaining adequate insurance and stated that it is not right to ask him to indemnify an unrelated third party to a business transaction. He responded to questions from the committee about his business.

04:50 PM --
Robert Ingram, Great West Casualty Company, spoke in support of the bill. Mr. Ingram's company insures shipping companies. He began by discussing unequal bargaining positions in contracts. He distributed a status sheet regarding anti-indemnification legislation in other states (Attachment E) and a written statement to the committee (Attachment F). He read from his prepared remarks. Mr. Ingram responded to questions from the committee about the effect of this legislation.

09HouseJud0219AttachE.pdf 09HouseJud0219AttachF.pdf

05:03 PM

Representative Levy took the bill off the table until March 2, 2009.









05:06 PM -- House Bill 09-1262

Representative Casso, prime sponsor, presented House Bill 09-1262 concerning the issuance of a summons instead of an arrest warrant in certain circumstances. The bill allows a judge to issue a summons in lieu of an arrest warrant for a suspect in certain crimes without the consent of the prosecutor. The judge may not issue a summons if a law enforcement officer presents a written statement that the suspect presents a significant flight risk or if the safety of a victim or the public may be at risk.

05:09 PM --
Jeanne Smith, Colorado Division of Criminal Justice, spoke in support of the bill. Ms. Smith is a member of the Colorado Criminal and Juvenile Justice Commission, which is where this bill originated. She stated that the bill creates an affirmative presumption that a summons will be issued unless law enforcement can show just cause. The effect is that fewer people will be incarcerated in county jails. Ms. Smith responded to questions from the committee about her background.

05:12 PM --
Don Quick, Colorado District Attorneys Council, spoke in support of the bill. Mr. Quick explained that the bill makes changes with regard to class 4, 5, and 6 felonies. Instead of requiring the consent of prosecutors, the bill assumes that a summons will be issued unless the prosecutor can justify to the court that an arrest warrant is more appropriate. The change will help with the standardization of procedures and maximize county jail resources. He responded to questions from the committee about who is included in the term "law enforcement officer."

05:15 PM --
Doug Wilson, Colorado State Public Defender, spoke in support of the bill. Mr. Wilson stated that the bill protects public safety and allows the prosecution to provide a justification for an arrest warrant in the case of a flight risk.

05:16 PM --
Joe Pelle, County Sheriffs of Colorado, spoke in support of the bill. Sheriff Pelle reiterated testimony of previous witnesses.

BILL:HB09-1262
TIME: 05:17:00 PM
MOVED:Roberts
MOTION:Refer House Bill 09-1262 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:Waller
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
Excused
Roberts
Yes
Ryden
Yes
Waller
Yes
McCann
Yes
Levy
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



05:18 PM -- House Bill 09-1263

Representative Casso, prime sponsor, presented House Bill 09-1263 concerning time computation while an inmate is incarcerated in a county jail. Under current law, individuals who are sentenced to a county jail are entitled to a two-day sentence reduction per month for good behavior. This bill amends that provision so that individuals who are in jail receive a two-day sentence reduction for every thirty days of incarceration. The bill also clarifies that individuals who are designated as trusty prisoners may be granted earned time, not to exceed ten days, in any thirty-day period, rather than in a month. Individuals incarcerated in a county jail may also be eligible for earned time of up to three days for every thirty days of incarceration, at the discretion of the sheriff, if they demonstrate particularly good behavior by participating in educational activities or other programs.

The bill also amends the earned time provisions for individuals who are confined pending a parole revocation hearing. These individuals will be entitled to credit for their time in jail pending the parole revocation hearing against any reincarceration period imposed by the parole board.

05:19 PM --
Don Quick, Adams County District Attorney, spoke in support of the bill. Mr. Quick stated that bill clarifies the formulas for good time, earned time, and the trusty designation. He discussed the trusty status and the other available credits. He stressed the importance of the provision that allows the sheriff to use his or her discretion in awarding time credit or trusty status. The sheriff has the best idea of how to protect the public safety.

05:22 PM --
Doug Wilson, Colorado State Public Defender, spoke in support of the bill. Mr. Wilson responded to questions from the committee about maximum allowable earned time and trusty time.

05:25 PM --
Joe Pelle, County Sheriffs of Colorado, spoke in support of the bill. Sheriff Pelle discussed the benefits of the bill to the Boulder County Sheriff's Office. It gives the sheriff the ability to use earned time as an incentive for inmates to participate in beneficial programs. It also reduces the average time spent in jail by three days, which assists with overcrowding problems.
BILL:HB09-1263
TIME: 05:27:58 PM
MOVED:Roberts
MOTION:Refer House Bill 09-1263 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 10-0, with one excused.
SECONDED:Court
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
Excused
Roberts
Yes
Ryden
Yes
Waller
Yes
McCann
Yes
Levy
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



05:28 PM -- House Bill 09-1266

Representative McCann, prime sponsor, presented House Bill 09-1266 concerning the repeal of the loss of driving privileges as a penalty for certain crimes. Current law permits the revocation of driving privileges as a penalty for committing certain criminal offenses. This bill removes driving privilege revocation as a penalty for the following crimes:

Representative McCann discussed the fiscal note, which shows decreased revenue as a result of the bill.

05:38 PM --
Jeanne Smith, Division of Criminal Justice, spoke in support of the bill. Ms. Smith stated that people should be held accountable for crimes they commit, but that it should be weighed with the severity of the crime itself. She added that the commission looked at this issue and determined that the loss of driving privileges in many cases hinders a person's rehabilitation rather than helping the person move forward. Representative Waller asked whether the punishment is really losing the license, or the subsequent offense of driving with a suspended or revoked driver's license.

05:43 PM --
Representative Levy distributed a proposed amendment L.001 (Attachment G) which comes from commission discussions and requested that Ms. Smith comment on the amendment. The committee members continued to discuss the bill with the witness.

09HouseJud0219AttachG.pdf

05:48 PM --
Ted Tow, Colorado District Attorney's Council, spoke in support of the bill. He stated that this bill will particularly impact the rural areas where public transportation is less available. He added that the CDAC is opposed to the amendment regarding a minor in possession of alcohol charge. He suggested alternate language stating for example that if a class on the dangers of drinking and driving is completed, then they won't lose their license, rather than allowing them to pay a fine if they don't finish the class. He stated that the driver license issue would be more of an incentive to complete the class.

05:57 PM --
Maureen Cain, Colorado Criminal Defense Bar, spoke in support of the bill. Ms. Cain talked about the reasons behind the original laws removing driver's licenses for non-driving offenses as a deterrent to criminal behavior. She discussed how the revocation of driver's license can be a barrier to success on probation. She briefly addressed amendment L.001 and stated that she can support it.

06:06 PM --
Doug Wilson, Colorado State Public Defender and the CCJJC, spoke in support of the bill. Mr. Wilson stated that the CCJJC discussion around this bill centered on the fact that the punishment of license revocation for the crimes mentioned in the bill are too harsh. Additionally, as Ms. Cain mentioned, loss of driving privileges can be a significant barrier to success in probation.

06:12 PM --
Peg Ackerman, County Sheriffs of Colorado, spoke in support of the bill.





BILL:HB09-1266
TIME: 06:13:28 PM
MOVED:Levy
MOTION:Adopt prepared amendment L.001 (Attachment G). The motion passed without objection.
SECONDED:Waller
VOTE
Apuan
Court
Gardner B.
King
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB09-1266
TIME: 06:14:57 PM
MOVED:McCann
MOTION:Adopt prepared amendment L.002 (Attachment H). The motion passed without objection.

09HouseJud0219AttachH.pdf
SECONDED:Court
VOTE
Apuan
Court
Gardner B.
King
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL:HB09-1266
TIME: 06:16:13 PM
MOVED:McCann
MOTION:Refer House Bill 09-1266, as amended, to the Committee on Finance with a favorable recommendation. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:Court
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
Excused
Roberts
Yes
Ryden
Yes
Waller
Yes
McCann
Yes
Levy
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


06:17 PM -- House Bill 09-1235

Representative Acree, prime sponsor, presented House Bill 09-1235 concerning measures to address unsafe conditions arising as a result of the abandonment of real property. The bill allows a person with a secured interest in an unoccupied property to take steps to protect the property from vandalism and trespassing, without being deemed in possession of the property. Local governments may accept the aid of volunteers in removing rubbish, weeds or other nuisances from unoccupied properties. Such volunteers are provided immunity from any civil action resulting from unpaid services performed on a property. The person holding title to, or in possession of, an unoccupied foreclosed property is immune from liability from any civil action brought by a volunteer due to dangerous conditions on the property or negligent conduct of any person.

Representative Acree addressed the committee report from the House State, Veterans, and Military Affairs Committee, dated February 17, 2009. The committee discussed immunity from premises liability under the bill.

06:34 PM --
Mike Hodges, Colorado Trial Lawyers Association, spoke in opposition to the bill. Mr. Hodges voiced support for the intent of the bill, however he believes this is bad public policy. He stated his belief that immunity should only be used in special circumstances. Immunity from civil liability allows a person who committed a legitimate wrong to escape the consequences of that wrong. He continued to reiterated that granting immunity is bad public policy. The committee extensively discussed liability of volunteers.

06:52 PM --
Greg Romberg, City of Aurora, spoke in support of the bill. The Aurora City Council is in favor of the bill. Mr. Romberg believes that when properties go into foreclosure and are neglected, that reflects badly on the whole city. He stated his hope that allowing volunteers to help with cleanup efforts is a cost-effective way to help cities maintain properties.






07:01 PM --
Erin Goff, Colorado Municipal League, spoke in unofficial support of the bill. Ms. Goff reiterated testimony of previous witnesses.

07:03 PM --
Alan Engles, Mission Viejo Homeowner's Association, spoke in support of the bill. Mr. Engles discussed the prominence of foreclosure in his area and stated that he relies on his volunteer base to maintain properties and property values.

07:10 PM --
Rob Voyvodic, Shennandoah Homeowner's Association, spoke in support of the bill. Mr. Voyvodic reiterated testimony of previous witnesses. He stated that there is currently a liability issue that prevents people from helping one another. He discussed the difficulties inherent in finding a responsible party to deal with vacant properties in a way that benefits the entire community. He indicated that Colorado should be a benchmark state with regard to this type of law.


07:14 PM

Representative Levy announced that the bill would be laid over to March 9, 2009, and adjourned the committee.